In Australia, you must wait until your divorce is final before you can legally remarry. A divorce order becomes final one month and one day after it’s granted by the Federal Circuit and Family Court of Australia. So, once your divorce is finalised, you’re legally free to remarry the next day. However, it’s important to allow time for legal and practical preparations before planning a new wedding.
Key takeaway: You can remarry one day after your divorce becomes final in Australia—but not before.
Understanding the Divorce Timeline
Before thinking about remarriage, you need to understand how long the divorce process itself takes. To apply for a divorce, you and your former partner must have been separated for at least 12 months. This separation can occur under one roof, but you’ll need to show evidence if that’s the case.
Once you file for divorce, the court sets a hearing date, usually within 6 to 12 weeks. If everything is in order, the divorce order is granted on the hearing date and becomes final one month and one day later. Only after that point can you legally remarry.
Key takeaway: From filing to finalisation, divorce in Australia takes at least 13 months if there are no delays.
Why You Can’t Remarry Before the Divorce Is Final
Australian family law doesn’t allow a person to be legally married to more than one person at a time. That’s why you can’t register a new marriage until your divorce is legally complete. If you try to remarry before the final divorce order, you won’t be able to lodge a Notice of Intended Marriage, which is required at least one month before your new wedding.
Attempting to remarry before the divorce is finalised can result in legal consequences, including the new marriage being invalid.
Key takeaway: The law prohibits remarriage until your previous marriage is legally dissolved.
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Preparing to Remarry: What You Need to Know
If you’re planning to remarry soon after your divorce, you need to keep timing in mind. Under Australian law, you must lodge a Notice of Intended Marriage (NOIM) at least one month before your wedding. This means you’ll need to show proof of divorce at the time of lodging.
To avoid delays, wait until your divorce is final before submitting your NOIM. If your divorce is not yet finalised, you can still prepare the paperwork, but you won’t be able to lodge it officially until the divorce certificate is issued.
Key takeaway: You need your divorce certificate before you can lodge a NOIM for your new marriage.
Can You Expedite the Divorce Process?
There is no legal shortcut to reduce the 12-month separation period—it’s mandatory for all divorces. However, you can ensure a smoother and quicker divorce process by:
- Filing the application online
- Providing accurate documents
- Attending the hearing (especially if there are children under 18)
- Responding promptly to court communications
Although you can’t rush the timeline, being organised can help avoid unnecessary delays.
Key takeaway: While you can’t skip the 12-month wait, being prepared can make the divorce process more efficient.
What About De Facto Relationships?
If you’ve moved on into a de facto relationship after your separation, you don’t need to be divorced to live together or even make joint financial decisions. However, you still cannot legally remarry until your divorce is finalised. This distinction matters if you’re thinking about formalising your new relationship through marriage.
If you’re considering marriage after divorce, it’s important to understand both the legal timeline and the required documents. Although emotions might move quickly, the legal system moves at its own pace. By planning ahead and allowing time for the divorce to be finalised and the NOIM to be lodged, you’ll avoid unnecessary stress and delays.